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Ex. DUT-MI-020 Standing duty Primary source read

MCL 333.5205, Failure or refusal to comply with warning notice; petition; court orders against a carrier who is a health threat to others

Public Health Code sec. 5205: circuit-court orders against an individual carrier who is a 'health threat to others,' including cease-and-desist, supervised living and commitment orders

Michigan Legislature (Public Health Code, 1978 PA 368, Part 52, Hazardous Communicable Diseases) · Michigan (State)

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The record

Jurisdiction
Michigan
Level
State
Authority
Public Health Code Part 52, MCL 333.5201-333.5238
Issued
1989-03-30 Mar. 30, 1989
Effective
1989-03-30
End
standing (read as 2021-09-30)
In force
Standing since Mar. 30, 1989 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Quarantine and isolationStanding duty
Addressees
  • persons generally (individual carriers who are a health threat to others)
Character
statutory authority
Collection
Standing duties: Michigan DUT-MI

Operative words

the circuit court may issue 1 or more of the following orders:... (f) An order that the individual cease and desist conduct that constitutes a health threat to others. (g) An order that the individual live part-time or full-time in a supervised setting for the period and under the conditions set by the circuit court. (h)... an order that the individual be committed to an appropriate facility

Penalty

Court-ordered restrictions and commitment; contempt of court

What it required

Bound every individual who is a 'carrier' and a 'health threat to others' (MCL 333.5201) to cooperate with the department or local health officer's warning notice under MCL 333.5203 'to prevent or control transmission of serious communicable diseases,' on pain of circuit-court orders for testing, monitoring, cease-and-desist, supervised living or commitment of up to six months, with emergency detention under MCL 333.5207; leaving a facility or refusing testing in violation of an order is contempt. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

MCL 333.5201(1)(b) (read on the official site; not saved) defines 'health threat to others' as a carrier who 'has demonstrated an inability or unwillingness to conduct himself or herself in such a manner as to not place others at risk of exposure to a serious communicable disease or infection,' including 'behavior by the carrier that has been demonstrated epidemiologically to transmit, or that evidences a careless disregard for transmission of, a serious communicable disease or infection to others.' MCL 333.5203 (warning notice) and 333.5207 (emergency detention up to 72 hours on a circuit-court order) were read on the official site and are described without exhibit. This Part is the individual-level duty that the workplace exclusion rule of 2020 PA 238 (Ex. MI-057) and the MIOSHA exclusion rules (Ex. MI-054 Rule 6) operationalized for employees.